Name: Timothy S. Witney
Case: U.S. v. Whitney No. 00-0555/AF
Conviction Date: June 10, 1997
Date Of Appeal: November 15, 2000
Plea: Not Guilty
Charges: Rape, Forcible Sodomy, Indecent Assault, Assault
Military Branch: U.S. Air Force
Listed In National Sex Offenders Registry? Yes, Florida
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Timothy Samuel Whitney
Technical Sergeant U. S. Air Force
Convicted Sex Offender
Rape Forcible Sodomy Indecent Assault
A general court-martial composed of officer members convicted appellant, contrary to his pleas, of rape, forcible sodomy, assault, assault consummated by battery, and indecent assault, in violation of Articles 120, 125, 128, and 134, Uniform Code of Military Justice, 10 USC §§ 920, 925, 928, and 934, respectively.
The convening authority approved the court-martial’s sentence to a dishonorable discharge, confinement for 7 years, and reduction to the lowest enlisted grade. The Court of Criminal Appeals found the simple assault and rape charges to be multiplicious and dismissed the assault charge. That court, in an unpublished opinion, directed that appellant receive 22½ days of credit towards service of his sentence to confinement for prior punishment he received under Article 15, UCMJ, 10 USC § 815, for the indecent assault for which he was convicted. Appellant’s pro se petitions to the Court of Criminal Appeals for a new trial and reconsideration of its initial decision were denied.
Appellant was the second highest ranking member of a 44- person team performing temporary duty at Sembach Air Base, Germany, in September 1996. During this temporary duty, he and Airman First Class D, the victim of the rape, sodomy, and assault consummated by battery, were billeted in rooms on the second floor of a building.
On September 21, 1996, Airman First Class D was returning to her room after performing her duties. On the way to her room, she encountered appellant, who was standing in the hallway holding a beer. Appellant asked Airman First Class D to come into his room. She complied because she thought she was going to receive some corrective counseling. Once she was in the room, appellant locked the door, turned out the lights, and proceeded to rape and sodomize her while holding a knife at her throat.
The decision of the United States Air Force Court of Criminal Appeals is affirmed.
After being released from the military, Whitney had several incidents of failing to register as a sex offender.
01/22/2008 Sex Offnder Fail Comply Registration; F.S. 943.0435(9) 0717065 HILLSBOROUGH, FL Guilty/convict
06/14/2010 Sex Offnder Fail Comply Registration; F.S. 943.0435(9) 1003234 HILLSBOROUGH, FL Guilty/convict
06/14/2010 SX OFNDR.FAIL RPT.NONMOVE; F.S. 943.0435(4)(c) 1006128 HILLSBOROUGH, FL Guilty/convict
